CPS has legal and moral duties to you, as well. xZo8!eD:,Hl5YC:Yr*%~6p/\fyK~m|],m||}..UYem~&.cqy~'099N3S}p~uF You are not the first family this has happened to! You also have the right to have a service animal in all DHHR offices even where pets are generally prohibited. You have the right to be informed of complaints or allegations made against you in a manner that is consistent with the law while protecting the rights of the reporter. <> Victims of sexual assault resulting in pregnancy have the right to petition the court to terminate the parental rights of their abuser without the involvement of DHHR. You have the right to these services whether or not you decide to stay in the relationship. West Virginia Autism Waiver and Social Security Disability Info. Contesting Removal The child witness shall testify under oath, and the examination and cross-examination of the child witness shall, in all other respects, be conducted in the same manner as if the child witness testified in the courtroom. In any case in which a child over the age of eleven (11) years is to be a witness, the court, upon order of its own or upon motion of a party, and upon a finding of good cause, shall permit the child witness to testify through live, one-way, closed-circuit television whereby there shall be no transmission into the room from which the child witness is testifying. The courtroom shall be equipped with monitors sufficient to permit the parties to observe the demeanor of the child witness during his or her testimony. Reports can also be made to the Abuse and Neglect Hotline ( 1-800-352-6513 ) 7 days a week, 24 hours a day. Child Welfare Information Gateway (2021) Examines racial disparities in reunification rates and how child welfare professionals and communities can ensure reunification is the primary goal when children must be removed from their families. Its purpose is to protect children from abuse, neglect, and any further exploitation. Safety Planning (If Necessary) 4. Isner Law Office offers professional legal guidance and representation you can trust. CPS caseworkers continuously separate children from their parents at a monthly rate 300 times greater than the number of the separations at the Mexican border that took place in May 2018. Isner Law Office offers professional legal guidance and representation you can trust. The testimony of the child witness shall be taken in any room, separate and apart from the courtroom, from which testimony of the child witness can be transmitted to the courtroom by means of live, one-way, closed-circuit television. Contact Isner Law Office today to schedule a consultation. <> Wkf; @8{;u+\%\j$.+|;0aL.Rg-EKvnIu4C(S@/IH7[xT-xZh+|U"*GT-4I9AW;mvjI~Cn2NQ7*u W^M[ caXY:K. Child Protective Services is a service provided by the West Virginia Department of Health and Human Resources. New York legislature established the New York State Child Protective Services Act of 1973 to organize an institution where case workers thoroughly investigate child abuse and neglect reports. You have the right to request a grievance hearing with regard to either the manner in which you as a parent and the child are treated by agency personnel or any other concern related to the service programs of the agency. You can read the West Virginia guidelines for Child Protective Services here. Any supportive services provided by the Department or others to remedy the alleged circumstances. However, should allegations of child abuse and/or neglect arise in the family court proceedings, then the matter shall proceed in compliance with Rule 3a. Or, if a Family Functioning Assessment is conducted and there is a threat to child safety, Ongoing Child Protective Services will be provided which includes completing a Protective Capacities Family Assessment and Family Case Plan Evaluation. Deny, limit, or set conditions on the requested discovery. Grandparents can be considered for temporary custody, permanent custody, and adoption, as relevant. CPS is like any other law enforcement agency. Provide you with a drug test without your consent. If you would like to foster or adopt a child who is in an abuse and neglect case, you should contact DHHR and speak to the case worker as soon as possible. 34% increase in open Child Protective Services (CPS) cases between 2014-2017; West Virginia is #1 in child removal, nationally; West Virginia is #1 in congregate care usage, nationally; 63% of the children entering foster care are age 10 and younger. Under this type of arrangement, your rights to make decisions on the childs behalf, such as education and medical care, may be limited, as the parent retains legal custody. The lawyer can continue on the case if the person they were appointed for does not have enough money to pay for a lawyer. We discuss some of the laws that impact families in West Virginia who have children with special needs. If CPS has taken or is threatening to remove your children, contact a defense attorney right away. This starts with dismissing the petition if the judge feels it is safe to reunite the family. The judge decides at the end of the hearing if the child is abused and neglected. In West Virginia, Child Protective Services (CPS), which is under the Department of Health and Human Resources (DHHR), investigates possible child abuse and neglect. If you do allow CPS workers into your home, you are then giving them legal permission to gather evidence from your home. You have the right to be free from intrusion into your home, except upon lawful consent. So we are offering general information here, not legal advice. An improvement period is the time frame the judge gives the respondent to correct issues of abuse and neglect. Protect your rights before consenting to a CPS interview. Joseph R. Scotti, PhD/BCBA-D, and Claudia Neely MA/BCBA work in every county in West Virginia, helping families impacted by special needs. In West Virginia, what constitutes child abuse and neglect is codified by law, and CPS can not investigate you for choosing to parent in ways not covered by law. You can also report child abuse and neglect to your local police department. Although WV Code 49-4-603 permits these examinations to be ordered, you may not be held in contempt of court and you may not have your parental rights terminated by a court for your refusal to undergo such examinations. % 578 0 obj <>stream Under the Keeping Children and Families Safe Act of 2003 amendment to the Child Abuse Prevention and Treatment Act (CAPTA), CPS is required to ensure you are as educated and involved as possible in decisions being made about your family. You have the right to be allowed access to your personal file in accordance with WV Code 49-5-101(b). 7 0 obj If only one parent supposedly abused the children, the other parent can be a respondent if they knew about the abuse and could have stopped it. When an abandoned child is discovered, WV statute 49-4-301 prohibits the removal of the child from the home until CPS has made all reasonable efforts to make inquiries and arrangements with neighbors, relatives, and friends, and these have been exhausted, and the department has explored the possibility of placing a worker in the home to care for the child until the parents return. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. xUn0+x$bERc0@HP=(pF$eE,k;%9Y&)--Wb|sR:=%kwu+RU6 Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. GAL stands for guardian ad litem. These guidelines do not take the place of administrative rule. dRL^JWP. You have the right to have information collected and maintained in the course of a CPS investigation and delivery of services held in confidence in accordance with WV Code 49-5-101(a). Read the article onChild Abuse and Neglect: How Can Relatives Become Involved to Help The Childfor more information. You will also have access to a broad range of resources. Learn more about your rights as a grandparent and contact Isner Law Office for legal advice and court representation statewide in West Virginia. Center. information and for the benefit of the general public. Although family, neighbors, school officials, and others may not understand your decisions or agree with your logic, that does not mean you are guilty of child abuse. 1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect) 1212.2 Texas Family Code Chapter 262 (Removal of Children) I have even told families not to get too stressed out by this, as your first CPS call is common for many of us with kids with special needs. 3 0 obj West Virginia law provides courts with the authority to transfer custody of a child when it is in the best interest of the child. When involved with CPS, children enjoy all of the same relevant and respective rights as their parents. x o U The respondent in the abuse and neglect case is the adult who supposedly abused or neglected the children. Definitions. Call (304) 636-7681. Abuse and Neglect reporting, West Virginia Department of Health & Human Resources If you provide medical attention but choose not to give your child a non-essential medication, this would not be considered child neglect. When a CPS caseworker has evidence that a child has been a victim of . endobj Pass a Home Study (including a home visit, safety check, interviews, and paperwork), 3. The judge, the attorneys for the parties, and any other person the court permits for the purpose of providing support for the child in order to promote the ability of the child to testify shall be present in the testimonial room at all times during the testimony of the child witness. county office of the Department of Health and Human Resources where you live. If a relative placement is not possible, DHHR looks for someone who is not a relative but has a bond with the child. What is neglect under West Virginia law? If the Department is a petitioner, the petition may also be filed where the alleged abuse and/or neglect occurred, where the custodial respondent or one of the other respondents resides, or to the judge of the court in vacation. The attorney for the child shall have access to the file kept by the Department and the file kept by the attorney for the petitioner, including all information set forth in W. Va. Code 49-5-101 and the attorney may make such use thereof as may be appropriate to the case, subject to such limitations as the order of the court shall require; Unless otherwise ordered by the court pursuant to Rule 12, within three (3) days of the filing of the petition, the attorney for the petitioner shall provide to counsel for the respondent(s) or to the respondent(s) personally, if not represented by counsel, the attorney for the child, and all other persons entitled to notice and the opportunity to be heard, the following information, as is within the possession, custody, or control of the attorney for the petitioner, the existence of which is known, or by some exercise of due diligence may become known, to the attorney for the petitioner: Any relevant written or recorded statements made by the respondents (or any one of them), or copies thereof, and the substance of any oral statements which the petitioner intends to offer in evidence at the trial made by the respondents (or any one of them); Copies of the respondent's prior criminal records, if any; Copies of books, papers, documents, photographs, tangible objects, buildings, or places which are material to the preparation of the respondent's case or are intended for use by the attorney for the petitioner as evidence in chief at the trial or were obtained from or belonging to the respondent; Copies of results or reports of physical and/or mental examinations, if any, and copies of scientific tests and/or experiments, if any, which are material to the preparation of the respondent's case or are intended for use by the attorney for the petitioner as evidence in chief at the trial; and. Informal Kinship Care Arranging to care for the childs needs without the involvement of DHHS. Learn more - Child Abuse and Neglect reporting. 1210 State Laws Governing DFPS. To get an improvement period, the respondent must admit there is a problem and make efforts to correct the problem. When this happens, as a grandparent and nearest known relative you have the right to be notified that the child is being placed into state custody, to be informed to contact CPS as soon as possible and to be considered as a potential adoptive parent of the child. If you pass these checks, DHHR will certify you as a foster parent and you can get financial help in caring for the child. You have a right to express concern for the way you or your child were treated, including any services you are (and are not) permitted to receive. Our second piece of advice is to get a lawyer, because a lawyer can give you legal advice and neither of us are West Virginia lawyers. If a continuance is granted in accordance with this rule, the court shall set forth in a written order its reasons for finding good cause. You have a right to have an attorney appointed by the court at no cost to you at every stage of any proceeding in which CPS is petitioning the court in a case alleging child abuse or neglect. When this happens, as a grandparent and nearest known relative you have the right to be notified that the child is being placed into state custody, to be informed to contact CPS as soon as possible and to be considered as a caretaker of the child. pages. Should it be required, for the purposes of identification that the person to be identified and the child witness be present in the courtroom at the same time, the court shall ensure that this meeting takes place after the child witness has completed his or her testimony; and this confrontation shall, to the extent possible, be accomplished in a manner that is nonthreatening to the child witness. Why diagnosis matters in Early Intervention. %PDF-1.5 % Reports can also be made to the Abuse and Neglect Hotline ( The final adjudicatory hearing shall be conducted in accordance with the provisions of W. Va. Code 49-4-601(i). You have the right to be made aware of all actions taken in regard to your family throughout the life of the case and the reasons for such actions. 2022 West Virginia Court System - Supreme Court of Appeals. CPS can remove children from the home. What CPS Cannot Legally Do. As used in these rules, these terms are defined as follows: "Adjudicatory hearing" shall mean the hearing contemplated by W. Va. Code 49-4-601 to determine whether a child has been abused and/or neglected as alleged in the petition; "CASA" shall mean Court-Appointed Special Advocate as set forth in Rule 52; "Child's case plan" shall mean the plan prepared by the Department . Child welfare officials said the bulk of children were removed due to parental substance abuse and neglect. DHHR will develop a family case plan if the respondent gets an improvement period. stream The testing of newborns is also a controversial issue in all states. Time limits do apply, so be sure to contact us right away. A child subject to a case may attend all or portions of hearings, unless the court deems such attendance inappropriate, and may attend all or portions of multidisciplinary treatment team meetings, unless the multidisciplinary treatment team deems such participation inappropriate. When it comes to raising your child, you have many rights as a parent. If you believe CPS discriminated against you or your family on the basis of disability, race, color, national origin, age, sex, sexual orientation, gender identity, religion, or any other protected class, you may complete and mail Form IG-CR-3 within 180 days of the date you became aware of the alleged discriminatory act against you to file an internal grievance within the DHHR. February 2019 1 CHILD PROTECTIVE SERVICES POLICY West Virginia Department of Health and Human Resources Bureau for Children and Families Office of Children and Adult . When you suspect abuse or neglect you should report your concerns to the county office of the Department of Health and Human Resources where you live. In determining the appropriateness of granting visitation rights to the person seeking visitation, the court shall consider whether or not the granting of visitation would interfere with the child's case plan and the overall effect granting or denying visitation will have on the child's best interests. It's traumatizing for both the family and the children, and is normally the . During a preliminary hearing, the judge decides if the child needs to be removed from the home. Each child abuse and neglect proceeding shall be maintained on the circuit court's docket until permanent placement of the child has been achieved. The petition has been dismissed and the child has been returned to the home or to a relative with no custodial supervision by the Department; The child has been placed in the permanent custody of a non-abusive parent; or, A permanent out-of-home placement of the child has been achieved following entry of a final disposition order. You have the right to be free from retaliation, intimidation, threats, coercion, and discrimination from the Bureau for Children and Families for the purpose of interfering with any right or privilege secured by Title VI, Section 504 (Title VI of the Civil Rights Act of 1964), or the Age Act, or because you have made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. Here are eight of the most common reasons CPS may take children from a parent's home during an investigation. When a child is to be placed into foster care and other siblings are already in foster care or have been adopted, the foster family or adoptive parents will generally receive preference for placement of the child currently under consideration. All Rights Reserved. Child Protective Services is provided to families when children are abused or neglected by their parents, guardians or custodians responsible for the care of the children.